'Out-of-court settlement in Gyanvapi case not legally possible'

VARANASI: Representing the Hindu side in the Gyanvapi case, Advocate Vishnu Shankar Jain stated on Thursday that an out-of-court settlement in the Gyanvapi Mosque issue is not legally possible under the CPC.

This statement was made after Jitendra Singh Bisen, the international president of the Vishwa Vedic Sanatan Sangh, wrote a letter to Anjuman Intejamia proposing an out-of-court settlement in the Gyanvapi case.

“It has no legal value. Order 23 of the CPC clearly states that until all parties agree, no compromise can be made. And in matters related to the country and society, where a representative suit is filed involving the entire society, even if one person or party wants to settle alone, they cannot. So this initiative for an out-of-court settlement is not possible under the CPC, as it is not legally possible,” he said.

He further added that “None of our parties or clients are ready for a settlement.”

While speaking to ANI, Advocate Vishnu Shankar Jain stated that they are not willing to compromise, as doing so would require giving up some of their rights. They are not ready to give up even an inch of land.

“I want to ask through your medium, how will the settlement or compromise happen? A compromise only happens when you give up some of your rights and the other person gives up some of theirs. Here, we are not ready to give up even an inch of the land inside the barricade. We want the entire area inside the barricade,” he said.

He further reiterated that “The way you have used a temple as a mosque, the Muslim side should apologise for using a temple complex in the wrong way, so there is no question of compromise.”

The scientific survey of the complex, adjacent to Kashi Vishwanath Temple, excluding Wuzu Khana, began on August 4, following the Allahabad High Court's order, which allowed the ASI to conduct the survey to determine if the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple.

The Allahabad High Court on August 3 had dismissed the plea filed by the Muslim side, the Anjuman Intezamia Masjid Committee, challenging the Varanasi court order allowing the ASI to conduct a scientific survey of the Gyanvapi mosque premises.